This copy is for your personal non-commercial use only. To order presentation-ready copies of Toronto Star content for distribution to colleagues, clients or customers, or inquire about permissions/licensing, please go to: www.TorontoStarReprints.com

New Ontario law targets sexual violence, harassment in workplaces, schools

Ontario is stepping up the fight against sexual violence and harassment, making it harder for bosses and schools to ignore while setting a firm definition in law for the first time.

Legislation proposed Tuesday by the Liberal government would force employers to take complaints seriously and clear an easier path for victims taking legal action or escaping leases with abusive partners.

A screen grab showing a workplace harassment scene from the acclaimed Ontario government ad, "#whowillyouhelp."

Women’s Issues Minister Tracey MacCharles called for “generational change” on a problem she called “so insidious, at times deeply rooted and often one with long-landing and devastating effects.”

The bill, amending several existing laws, builds on the government’s three-year, $41-million action plan called “It’s Never OK,” which included an acclaimed TV ad showing four disturbing vignettes of women experiencing various forms of assault by men, such as one pouring a date-rape drug into a drink, while onlookers did nothing.

A new series of ads is coming in late November.

Article Continued Below

While observers raised concerns about cuts to the government’s “partner assault response” program and front-line agencies short of resources, activists hailed the legislation as long overdue.

But several said they’re watching closely to see if it has teeth, with one noting a new law won’t change long-held attitudes on its own.

“Some men don’t know what sexual harassment is, a lot of men don’t understand the parameters around consent,” said Todd Minerson, executive director of the White Ribbon campaign.

The new definition will help get the right messages across because, until now, the Occupational Health and Safety Act simply mentioned only general “workplace harassment,” said Labour Minister Kevin Flynn.

Workplace sexual harassment is described broadly in the bill in two paragraphs as:

“Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome.”

It goes on to describe “unwelcome” sexual solicitations or advances by anyone in a position to “confer, grant or deny a benefit or advancement to the worker.”

Article Continued Below

With the law proposing to cut in half the time someone can escape a lease with an abusive or violent partner — a measure that is welcomed — one legal aid clinic is concerned landlords will be reluctant to rent to women.

“Sometimes when we do good, we accidently do harm, especially with law,” said Amanda Dale, executive director of the Barbra Schlifer clinic, which specializes in cases involving violence against women.

Opposition critics said they were concerned the legislation was introduced a month before a select all-party committee of MPPs on sexual violence and harassment is expected to release its report.

The legislation was promised last March in the wake of Star investigations into allegations about former CBC Radio host Jian Ghomeshi and a lack of university and college policies on handling such complaints.

Ghomeshi faces five charges of sexual assault and one of choking related to four complainants including Trailer Park Boys actress Lucy DeCoutere. He has pleaded not guilty and remains free on bail. He is due back in court Feb. 1.

The government says statistics suggest one in three Canadian women will experience some form of sexual assault and that rates are five times higher for women under 35.

About 28 per cent of people in a survey cited by the province say they’ve been the target of unwanted sexual advances at work or been subject to “sexually charged” talk on the job.

With files from Laurie Monsebraaten

Legislation proposed Tuesday by the Liberal government would address the following areas:

WORK: Employers would have to improve their sexual harassment prevention programs and take specific steps to protect workers, including “appropriate investigations” of complaints with recourse if complainants feel they were not taken seriously.

SCHOOL: Colleges, universities and private career colleges would have to create stand-alone policies dealing with sexual violence and review them, with student input, every three years.

COURT: Limitation periods for civil proceedings based on sexual assault or misconduct would be removed, allowing cases to be brought forward at any time.

PAIN: The limitation period for survivors of sexual assault and domestic violence to make applications to the Criminal Injuries Compensation Board would be eliminated.

HOME: Tenants seeking to get out of a lease because of sexual or domestic violence would be able to do so in 28 days instead of the current 60, making it easier for them to flee abusers.

More from The Star & Partners

LOADING

Copyright owned or licensed by Toronto Star Newspapers Limited. All rights reserved. Republication or distribution of this content is expressly prohibited without the prior written consent of Toronto Star Newspapers Limited and/or its licensors. To order copies of Toronto Star articles, please go to: www.TorontoStarReprints.com